Delhi court convicts man for sexually assaulting minor

New Delhi, Nov 22 (PTI) A court here has convicted a man for the offences of committing sexual assault and sexual harassment, respectively, on two girls, saying the prosecution's evidence was trustworthy, consistent and inspired confidence.

Assistant Sessions Judge Kumar Rajat was hearing a case against Shrikant, who was accused of sexually assaulting a minor, besides sexually harassing another underage female, staying in a women's welfare institution on December 14, 2014.

'The essence of the woman's modesty is her sex and the culpable intention of the accused is the crux of the matter and the reaction of women is very relevant,' the judge said in the verdict passed on Tuesday.

He said in the present case, both intention and knowledge can be attributed to Shrikant as he had deliberately used criminal force against the first minor girl by touching her particular body part without her consent.

'The accused was not known and related to the victim and, thus, there was no bonafide reason to do such an act,' the court said.

It said, similarly, the accused had called the second minor girl to a secluded place and offered her money, besides telling her that if she was not available, then she should send another girl.

This act amounted to 'intentionally insulting the modesty of a woman' as the accused had no business to call the minor girl to the secluded place, the court said.

It said the first minor girl had corroborated the facts mentioned in her complaint regarding the sexual assault, and besides identifying the accused in the court, she was consistent in her statement and the allegations.

'Minor variations like omission in naming of the persons whom she had narrated the incident does not affect the credibility of the witness,' the court said.

It said the second victim's testimony regarding the sexual harassment was also consistent and 'sexual intent' could be inferred from the accused's act.

Also, there was no reason for the minor girls to falsely implicate Shrikant, the court said.

'The evidence led by prosecution is cogent, trustworthy, consistent, corroborative and inspires confidence. Thus, the prosecution has proved its case beyond reasonable doubt against accused Shrikant,' it added.

It then convicted Shrikant of offences under sections 8 ( sexual assault) and 12 (sexual harassment) of the Protection of Children from Sexual Offences (POCSO) Act along with Indian Penal Code (IPC) sections 354 (assault or criminal force to a woman with intent to outrage her modesty) and 509 (word, gesture or act intended to insult the modesty of a woman). PTI MNR CK CK